Arbitrator upholds firing of bus drivers

Friday, Nov. 21, 2003 | 10:48 a.m.

The firing of three bus drivers in January was upheld this week by an independent arbitrator.

Gene Smith, Ben Carter and Steve Mora, unhappy with the resolution of a 2002 bus strike, had founded an alternative to their union called the Transit Drivers Association of Nevada. The group has lobbied against the collective bargaining agreement signed between ATC, the bus management company under contract with the Regional Transportation Commission, and the Amalgamated Transit Union.

The company fired the workers for going directly to RTC officials and arguing that the RTC should ditch its contract with the company and hire the drivers directly. The company also argued, and arbitrator Howard Block agreed, that the drivers had threatened a wildcat strike to affect bus operations to the NASCAR races at the Las Vegas Speedway in March.

The drivers violated the company contract "by actions aimed at undermining the relationship between their employer and RTC," Block wrote in his decision. The drivers also violated the contract "by contributing to the drumbeat of a possible walkout by drivers. Finally, they resisted efforts to investigate the situation."

Jeff Hackney, with the law firm representing the company, said the drivers could take the issue to federal court, but such moves are very unusual following arbitration.

The trio, who have continued to rail against RTC and ATC policies, particularly in reference to safety issues, have said they have 400 drivers under their association banner. The system has about 800 drivers on about 50 routes throughout the urban area.

The drivers were not immediately available for comment and RTC officials did not return phone calls.

"Obviously, the employer is very pleased to be vindicated so clearly," said James N. Foster, attorney representing ATC in the arbitration hearing. "The arbitrator's award leaves no doubt that the employer's investigation and decision was fair and correct."